STATE OF NEW YORK
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1771--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
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Introduced by M. of A. McDONALD, WALLACE, BURDICK, LUPARDO, HUNTER,
SAYEGH, ANGELINO, LUNSFORD, FAHY, OTIS, WOERNER -- Multi-Sponsored by
-- M. of A. COOK, SIMON -- read once and referred to the Committee on
Judiciary -- reported and referred to the Committee on Ways and Means
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 4 of article 8 of the constitution, in
relation to limitations on local indebtedness
1 Section 1. Resolved (if the Senate concur), That section 4 of article
2 8 of the constitution be amended to read as follows:
3 § 4. Except as otherwise provided in this constitution, no county,
4 city, town[,] or village [or school district] described in this section
5 shall be allowed to contract indebtedness for any purpose or in any
6 manner which, including existing indebtedness, shall exceed an amount
7 equal to the following percentages of the average full valuation of
8 taxable real estate of such county, city, town[,] or village [or school
9 district]:
10 (a) the county of Nassau, for county purposes, ten per centum;
11 (b) any county, other than the county of Nassau, for county purposes,
12 seven per centum;
13 (c) the city of New York, for city purposes, ten per centum;
14 (d) any city, other than the city of New York, having one hundred
15 twenty-five thousand or more inhabitants according to the latest federal
16 census, for city purposes, nine per centum;
17 (e) any city having less than one hundred twenty-five thousand inhab-
18 itants according to the latest federal census, for city purposes,
19 [excluding education purposes,] seven per centum;
20 (f) any town, for town purposes, seven per centum; and
21 (g) any village for village purposes, seven per centum[; and
22 (h) any school district which is coterminous with, or partly within,
23 or wholly within, a city having less than one hundred twenty-five thou-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89043-03-3
A. 1771--A 2
1 sand inhabitants according to the latest federal census, for education
2 purposes, five per centum; provided, however, that such limitation may
3 be increased in relation to indebtedness for specified objects or
4 purposes with (1) the approving vote of sixty per centum or more of the
5 duly qualified voters of such school district voting on a proposition
6 therefor submitted at a general or special election, (2) the consent of
7 The Regents of the University of the State of New York and (3) the
8 consent of the state comptroller. The legislature shall prescribe by law
9 the qualifications for voting at any such election].
10 Except as otherwise provided in this constitution, any indebtedness
11 contracted in excess of the respective limitations prescribed in this
12 section shall be void.
13 [In ascertaining the power of any city having less than one hundred
14 twenty-five thousand inhabitants according to the latest federal census
15 to contract indebtedness, indebtedness heretofore contracted by such
16 city for education purposes shall be excluded. Such indebtedness so
17 excluded shall be included in ascertaining the power of a school
18 district which is coterminous with, or partly within, or wholly within,
19 such city to contract indebtedness. The legislature shall prescribe by
20 law the manner by which the amount of such indebtedness shall be deter-
21 mined and allocated among such school districts. Such law may provide
22 that such determinations and allocations shall be conclusive if made or
23 approved by the state comptroller.
24 In ascertaining the power of a school district described in this
25 section to contract indebtedness, certificates or other evidences of
26 indebtedness described in paragraph A of section five of this article
27 shall be excluded.]
28 The average full valuation of taxable real estate of any such county,
29 city, town[,] or village [or school district] shall be determined in the
30 manner prescribed in section ten of this article.
31 Nothing contained in this section shall be deemed to restrict the
32 powers granted to the legislature by other provisions of this constitu-
33 tion to further restrict the powers of any county, city, town[,] or
34 village [or school district] to contract indebtedness.
35 § 2. Resolved (if the Senate concur), That the foregoing amendment be
36 submitted to the people for approval at the general election to be held
37 in the year 2023 in accordance with the provisions of the election law.
